Case law

Case of Shook

1 Armstrong. Election Cases 335 · New York State Assembly · Jan 4, 1865

He was clearly a legal voter. (See Constitution, art. 2, sec. 1.) … Clearly, if the election in that district was void, a new election must be ordered.

The Fish Grill, Inc. v. Dir. Div of Taxation & Howell Twsp

New Jersey Tax Court · Apr 8, 2022

was “change of use-major reconstruction of existing building into restaurant (Fish Grill Restaurant) only foundation to remain.” 2 The Township reasoned that “In the instant matter the construction of the new restaurant clearly … the court addressed the merits of the case because it still found the case ripe for summary judgment, because “the material facts were not disputed,” and “the critical issue was whether plaintiff had sufficient hours to qualify

New Jersey Metromall Urban Renewal Inc. v. City of Elizabeth

22 N.J. Tax 276 · New Jersey Tax Court · Oct 22, 2003

One ordinance established a landfill reclamation improvement district which included the subject land. … The subject land would not qualify for this exemption, because the Improvements do not include housing.

Medfusion, Inc. v. Allscripts Healthcare Solutions, Inc.

2015 NCBC 31 · North Carolina Business Court · Mar 31, 2015

Specifically, Plaintiff argues the phrase "or other special, incidental, indirect, or consequential damages of any kind" qualifies "loss or damage to revenues, profits, or goodwill" such that those damages are only excluded … Because the "protocols for communicating" system issues are established in the parties' contract, the heart of Plaintiff's fraud claim is Defendant's performance of those contractual obligations. 47.

Brush v. Holland

3 Bradf. 461 · New York Surrogate's Court · Jan 15, 1856

And yet, on the other hand it is very clearly shown, that about the first of May, 1853, Mr. … These witnesses establish satisfactorily that Mr.

Pearce v. Josephine County Assessor

Oregon Tax Court · Sep 18, 2018

Defendant contends that Pearce’s intent or “predominant purpose” for the subject property was clearly and unequivocally stated in his response to its January 19, 2017, questionnaire: “[The subject property] is not primarily … In cases before the court, the party seeking affirmative relief, here the Plaintiff, bears the burden of proof and must establish his case by a “preponderance” of the evidence. ORS 305.427.

Division of Family Services v. Newman

3 A.3d 1100 · Delaware Family Court · Sep 23, 2009

The Court’s Order clearly explained to the parents that the Permanency Order did not mean that their parental rights were terminated at that time, or all hope was lost. … resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense (b) The Court shall not presume that a parent, because of his or her sex, is better qualified

Brueske v. Dept. of Revenue, Tc-Md 090020d (or.tax 3-3-2010)

Oregon Tax Court · Mar 3, 2010

He hoped to qualify for a pension and other benefits, so he accepted the position and moved to Washington, D.C. Id. … By 2003, Dewane had (1) clearly established a residence in Arizona; (2) formed the intent to abandon his Oregon domicile, as demonstrated by his dwindling connections with Oregon and by his decision to file his tax return

Gallaher v. Ciszek

2022 NCBC 67 · North Carolina Business Court · Nov 4, 2022

The parties nevertheless appear to agree, and the Court concludes based on the undisputed facts of record, that an NCWHA-qualifying notice did not precede Cape Fear Neo’s 31 January 2019 reduced salary payments to Plaintiffs … Ciszek’s violation of the NCWHA therefore establishes the second element of the instrumentality rule. 86.

Farmers Direct, Inc. v. Yamhill County Assessor

Oregon Tax Court · Mar 20, 2018

Plaintiff has the burden of proof and must establish by a preponderance of the evidence. ORS 305.427. … The King Estate Winery language clearly makes Gilmour inapplicable in this case.

Van Santvoord v. St. John

6 Hill & Den. 157 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1843

The action is founded upon a contract between the parties, and the only real difficulty is in ascertaining clearly what that contract was. … the receipt; and if the testimony established that point in the opinion of the jury, they should have found for the plaintiffs in error.

Smith v. Ohio State Univ. Office of Compliance & Integrity

2022 Ohio 2659 · Ohio Court of Claims · May 12, 2022

Of particular significance to establishing the exceptions claimed in this case, Conclusory statements in an affidavit that are not supported by evidence are not sufficient evidence to establish the exemption … In general, the “fact of retainer [and] identity of the client” are not privileged, because they do not qualify as “confidential communications” made for the purpose of securing legal advice.

Estate of Jack J. Navatta and Jack Navatta Trust by Roseann Abrahamsen, Executrix/Trustee v. Dir., Div. of Taxation

New Jersey Tax Court · Mar 16, 2026

Finally, the Trust permitted the trustees to “make gifts without limitation as to amount to facilitate [the decedent] qualifying for the receipt of government benefits for [his] long-term health care and nursing home needs … This court’s jurisdiction to review any decision, order, finding, assessment or action of the Division is clearly delineated under our statutes.

Oregon School Boards Association v. Marion County Assessor

Oregon Tax Court · Aug 31, 2015

“Much has been written in the cases and law reviews * * * about public purpose. * * * ‘The grounds for deciding such cases * * * are seldom articulated clearly. * * * [T]he relevant inquiry would seem to be whether the … There is no statute providing for attribution of an association’s members’ activities to permit the association to qualify its property for tax exemption.

In Re Rose

144 S.W.3d 661 · United States Special Tribunal of Texas · Jun 10, 2004

Moreover, removal for such misconduct is well-established in other states. … Gov't Code Ann. § 33.004 )); id. § 21(c) (extension of quasi-judicial immunity to Commission officials applies only to causes of action accruing on or after effective date (Tex.

Question Submitted by: Director Stan Florence, Oklahoma State Bureau of Investigation

2016 OK AG 8 · Oklahoma Attorney General Reports · Oct 19, 2016

DNA samples shall be collected by the arresting authority as qualified pursuant to subsection B of this section. … State Government Cite Name Level 74 O.S. 150 .27a, Establishment of OSBI DNA Offender Database Discussed at Length

TD Bank v. City of Hackensack

28 N.J. Tax 363 · New Jersey Tax Court · Apr 22, 2015

“However, property does not qualify as a specialty where it possesses certain features which, while rendering the property suitable to the owner’s use, are not truly unique. Dworman v. … During cross-examination, Defendant demonstrated that Plaintiffs expert did not verify his information with the property record cards for the two lots, which clearly indicate that the subject property was constructed in 2005

AKS LLC v. Dept. of Rev.

23 Or. Tax 300 · Oregon Tax Court · Apr 18, 2019

The court determined that the term consisted of words of common usage and thus looked to dictionary definitions to establish their plain meaning. Id. at 332. … additional context, the court determined that the legislature inserted the term in order to limit the scope of the exemp- tion, ultimately concluding that property used on chicks was too attenuated from egg production to qualify

Taylor Will Case

10 Abb. Pr. 300 · New York Surrogate's Court · Dec 15, 1870

To exclude such declarations would be, as it appears to me, to reject matter, to say the least, clearly not immaterial to the principal question I am to determine upon this paper. … before me furnishes an example of such depreciation or liability to loss, as it appears that suits and proceedings of varidus kinds have been instituted against the estate in consequence of the inability of the executors to qualify

State Ex Rel. Jackson v. Mv Realty Pbc, LLC

2026 NCBC 2 · North Carolina Business Court · Jan 16, 2026

; and (b) an administrative fee associated with the performance of the services referenced in subpart (a), but only to the extent that said administrative fee was clearly … In response, Defendants contend that MV Realty does not qualify as a “telephone solicitor” because, as noted above, N.C.G.S. § 75-101(9) defines telephone solicitations as those communications that are made “for the purpose